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By Tonya Sams
Millions of people report to work daily and don’t know their employee rights. If their rights are violated, they may have to find an attorney. Employment law attorneys focus on work-related issues such as discrimination, wage theft, workers’ compensation, expungements, unsafe working environments and more.
“Employees have the right to be treated fairly without being discriminated against. That’s the most important right,” said Matt Alden, a senior attorney in Legal Aid’s economic justice practice group.
“If they’re a member of a union, they might have additional rights over and above what non-union members have.”
Employment discrimination occurs when the employer treats an employee or applicant unfavorably. This could be based on race, sex, religious beliefs, age and disability. It also includes discrimination against veterans and those who have filed for bankruptcy or unemployment.
Workers who have been discriminated against, or have even faced retaliation for speaking out against unfairness, have options for handling such situations. If an employee is a union member, they should contact their union representative to determine if a grievance can be filed. They should also look in their employee handbook to learn what their company states about discrimination complaints.
An employee, whether union or non-union, can also file a charge of discrimination on their own with the Equal Employment Opportunity Commission or the Ohio Civil Rights Commission.
There are other things that employees can do to protect themselves if they believe their rights have been violated. They should keep track of the dates incidents occurred, and keep all paperwork, texts, or emails from their employer.
“This will help you later because sometimes you may not realize that you have a case. Your lawyer will ask you about incidents that may have happened six months or a year ago. And if you’ve written it down, it’s a lot easier to go back and remember the full details,” Alden said.
He that even if you don’t believe you have enough evidence to prove your case, you should still get an attorney. Depending on the type of employment case, especially in wage theft cases, many attorneys will do it on a contingency fee basis. This means it will not cost the employee anything to have a consultation and have an attorney handle their case. In some cases the law provides provisions that if the employee’s case is successful, the employer may be required to pay the attorney.
“Two lawyers can look at the same case and sometimes come up with two different opinions on how strong it is, so it’s always worth it to get another opinion. You may have claims that you don’t even know about,” Alden said. “Another lawyer might think that you’ve got a viable claim that’s very strong and you may not. You just never know, especially if you’re not a lawyer. You’re not trained to know what to look for.”
If workers are experiencing employment-related issues, Legal Aid may be able to help. To apply for assistance, call 888-817-3777, or complete an online intake 24/7 at lasclev.org.
Tonya Sams is a communications manager at Legal Aid Society of Cleveland.
